Practical Experiences Re Competition Law and Arbitration. 13 November 2009
|
|
- Arnold Kristian Sparks
- 5 years ago
- Views:
Transcription
1 Practical Experiences Re Competition Law and Arbitration 13 November 2009
2 1 Introduction During an arbitration, questions of competition law usually arise: 1) in relation to the partial or entire invalidity of a contract; and 2) the pecuniary consequences of such invalidity between the parties. Competition law can be invoked either as a defence by the respondent or as a basis for the claimant s claims. After an arbitration, the arbitral award s alleged non-compliance with competition law can be used in an attempt to avoid enforcement. Contrariety to competition law may result in setting aside the award due to public policy considerations.
3 2 Competition Law Defence by Respondent Generally, an attempt to invalidate the parties contract or to affect its interpretation. Increasingly common defensive argument, but not always credible. Example: Central Chamber of Commerce of Finland arbitration over a long-term crossborder electricity trading contract. Claimant A claimed compensation for non-delivery by respondent. Respondent B alleged that due to the unbundling of the electricity market in the EU, respondent was not allowed to engage in electricity trade and that the acceptance of A s contract interpretation would amount to a breach of the Electricity Market Directive, competition law and EU public policy. The arbitral tribunal was not persuaded and held that when entering into a contract it primarily rests with [B] to decide whether it can trade or not. B did not challenge the award.
4 3 Extraterritoriality Problems in the Competition Offensive Claims for damages/restitution due to a breach of competition law (=private enforcement claims) can be covered by an arbitral clause. See, e.g., Swedish Supreme Court 19 Feb 2008, T Cf. Provimi Ltd. v. Roche Products Ltd and others [2003] EWHC 961. Example: a global technology licensing agreement between licensor X (American) and licensee Y (European). A competition authority in Europe began investigating A s licensing practices as a potential abuse of X s dominant market position. Y began preparing a private enforcement claim against X for the restitution of excessive license payments. The claim fell under the arbitration clause in the licensing agreement ( any dispute arising out of or related to this Agreement ).
5 The place of arbitration was in US state A and the lex contractus was the law of A. Y s claim, however, was based on the breach of EU competition law (and the law of Y s domicile). In theory, arbitrators are only bound to apply the lex contractus and the public policy of the seat -> the arbitral tribunal was not bound to apply the laws on which Y s claim was based. Under the circumstances, however, such application would have been likely. See also partial award in ICC case no 7673 (6(1) ICC Bull 57 (1995) 58). An award not respecting EU competition law is likely not to be set aside for public policy reasons outside the EU. See, e.g., Swiss Tribunal Fédéral ruling of 8 March 2006 (4P.278/2005). Even the likely place of enforcement would have been outside the EU. Had the case not settled, Y could have been deprived of a remedy. 4
6 5 Public Policy Challenges and Competition Law The ECJ s findings in Eco Swiss (C-126/97) have been interpreted differently in different countries. In France, the courts have insisted on a narrow minimalist approach. Dutch and Belgian courts appear to conduct a proper review of the merits where competition law issues are at stake. A minimalist approach seems to have been taken by Finnish courts, see Helsinki Court of Appeal, 22 Aug 2003, Dnro S 01/1007. The dispute related to a contract for the sale of fuel. Seller S had unilaterally changed the price mechanism claiming it breached competition law. Buyer B commenced arbitration. Awarding B damages, the tribunal found it did not even need to apply competition law. S challenged the award claiming contrariety with public policy. The courts contented themselves with noting that the tribunal had seen no need to apply competition law to resolve the dispute and rejected the challenge.
7 6 Thank you! Aapo Saarikivi Dispute Resolution Tel Fax Keskuskatu 7 A Helsinki Finland
REQUEST FOR ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT)
More informationIBA SUBCOMMITTEE ON RECOGNITION AND ENFORCEMENT OF ARBITAL AWARDS
IBA SUBCOMMITTEE ON RECOGNITION AND ENFORCEMENT OF ARBITAL AWARDS 2016 Research Project: Comparative Study of Arbitrability under the New York Convention Questionnaire for the Country Reporters The grounds
More informationHow widespread is its use in competition cases and in what type of disputes is it used? Euro-defence and/or claim for damages?
IBA PRIVATE ENFORCEMENT - ARBITRATION (i) Role of arbitration in the enforcement of EC competition law Commercial contracts frequently refer disputes to be determined and settled by arbitration. This is
More informationANSWER TO THE REQUEST FOR ARBITRATION [NOTE: OR ANSWER TO THE REQUEST FOR ARBITRATION AND COUNTERCLAIMS, IF
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE ICC SECRETARIAT ] IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE
More informationInternational Commercial Arbitration
International Commercial Arbitration The Arbitration Agreement Mag. Florian Haugeneder LL.M. knoetzl.com Introduction An arbitration agreement is the foundation of almost every arbitration. Jurisdiction
More informationNOTICE OF ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) NOTICE OF ARBITRATION
More informationArbitration Agreement
Arbitration Agreement (Domestic & International Arbitrations) Written By S. Ravi Shankar Advocate on Record Supreme Court of India Senior Partner - Law Senate Law Firm National President - Arbitration
More informationMulti-Tier Dispute Resolution Clauses Definition and Examples
! Multi-Tier Dispute Resolution Clauses Definition and Examples ASA Conference of September 15, 2017 Henry Peter Stefanie Pfisterer Overview of Bundle I. Examples of Multi-Tier Dispute Resolution Clauses...
More informationNetherlands Arbitration Institute Interim Award of 10 February 2005
Published at Yearbook Comm. Arb'n XXXII, Albert Jan van den Berg, ed. (Kluwer 2007) 93-106. Copyright owner: The International Council of Commercial Arbitration (ICCA). Reprinted with permission of ICCA.
More informationNOTICE OF ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE HONK KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) NOTICE
More informationREQUEST FOR ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION RULES OF THE LONDON COURT OF INTERNATIONAL ARBITRATION BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) REQUEST FOR ARBITRATION
More informationTHE UNITED STATES AND ITS PLACE IN THE INTERNATIONAL ARBITRATION SYSTEM OF THE 21ST CENTURY: TRENDSETTER, OUTLIER OR ONE IN A CROWD?
THE UNITED STATES AND ITS PLACE IN THE INTERNATIONAL ARBITRATION SYSTEM OF THE 21ST CENTURY: TRENDSETTER, OUTLIER OR ONE IN A CROWD? ATLANTA, GEORGIA, APRIL 15-17, 2012 "MANIFEST DISREGARD OF THE LAW"
More informationMultiparty and multicontract disputes and the impact of the new International Chamber of Commerce (ICC) Rules
Multiparty and multicontract disputes and the impact of the new International Chamber of Commerce (ICC) Rules Explanatory notes for attendees 27 November 2012 1 INTRODUCTION The 2012 ICC Arbitration Rules
More informationBefore : MR JUSTICE KNOWLES CBE Between : (1) C1 (2) C2 (3) C3. - and
Neutral Citation Number: [2016] EWHC 1893 (Comm) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION COMMERCIAL COURT Case No: CL-2015-000762 Royal Courts of Justice Strand, London, WC2A 2LL Date: 29/07/2016
More informationIBA SUBCOMMITTEE ON RECOGNITION AND ENFORCEMENT OF ARBITAL AWARDS
IBA SUBCOMMITTEE ON RECOGNITION AND ENFORCEMENT OF ARBITAL AWARDS 2016 Research Project: Comparative Study of Arbitrability under the New York Convention Questionnaire for the Country Reporters by Dr.
More informationAMERICAN UNIVERSITY, WASHINGTON COLLEGE OF LAW LL.M. International Commercial Arbitration Moot Competition March 9-10, 2012
AMERICAN UNIVERSITY, WASHINGTON COLLEGE OF LAW LL.M. International Commercial Arbitration Moot Competition March 9-10, 2012 SAMPLE OUTLINE FOR RESPONDENT (NOT RESPONSIVE TO THIS YEAR S PROBLEM) TEAM NUMBER
More informationSession 3 - Focus Arbitration WIPO Case Example: Multi-Party Pharma Patent License Arbitration
WIPO Conference on IP Dispute Resolution in Life Sciences Bonn, 10 November 2016 Session 3 - Focus Arbitration WIPO Case Example: Multi-Party Pharma Patent License Arbitration Philipp Groz Overview > Case
More informationArbitration 187 This Arbitration was governed by the International Arbitration Act 1974 (Cth). Contract type - GTA FOB Contract No.
Arbitration 187 This Arbitration was governed by the International Arbitration Act 1974 (Cth). Contract type - GTA FOB Contract No. 1 Date of Issue: January 2014 Claimant: & Respondent: Export FOB seller
More informationThis is an unofficial translation from
SKÅNE AND BLEKINGE COURT OF APPEAL JUDGMENT CASE No. Department 3 17 June 2010 T 1689-09 Division 32 Malmö APPELLANT Silver Lining Finance SA, 66941 [ ] Counsel: Advokat J.K Setterwalls Advokatbyrå Stockholm
More informationASYMMETRIC DISPUTE RESOLUTION CLAUSES Dmytro Marchukov Przemysław P. Krzywosz
ASYMMETRIC DISPUTE RESOLUTION CLAUSES Dmytro Marchukov Przemysław P. Krzywosz Polish/Ukrainian Twin Conference: International Commercial Arbitration Kiev, April 26th, 2013 Contents A. Asymmetric DR Clauses
More informationCross Border Contracts and Dispute Settlement
Cross Border Contracts and Dispute Settlement Professor Dr. Dr. h.c. mult. Helmut Rüßmann Former Judge at the Saarland Court of Appeals Cross Border Contract of Sale Buyer France Claim for Payment Germany
More informationSCC Practice: Emergency Arbitrator Decisions
1(26) SCC Practice: Emergency Arbitrator Decisions 1 January 2010 31 December 2013 By Johan Lundstedt 1 I. Introduction The Emergency Arbitrator mechanism aims to enable parties to seek interim measures
More informationLAW APPLICABLE TO ARBITRABILITY AND CONFLICT OF LAW RULES. HOW TO OPT FOR THE RIGHT ONE?
LAW APPLICABLE TO ARBITRABILITY AND CONFLICT OF LAW RULES. HOW TO OPT FOR THE RIGHT ONE? Dr. iur. Tetiana Bersheda, LL.M. (Cantab.) Bersheda Avocats, Geneva Kiev Arbitration Days 15 November 2012 1 Scope
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 July 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Johan van Gaalen (South Africa), member
More informationTHIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT
THIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT On behalf of: Against: Chan Manufacturing Longo Imports PO Box 111 PO Box 234 Cadenza Minuet
More informationLAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA. Chapter I GENERAL PROVISIONS
LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA Prom. SG 60/1988, Amend. SG 93/1993, Amend. SG 59/1998, Amend. SG 38/2001, Amend. SG 46/2002 Chapter I GENERAL PROVISIONS Art. 1. (1) (amend. SG
More informationAnti-Suit Injunctions Overview
Anti-Suit Injunctions Overview ICC Lex Mercatoria Minsk, 28 November 2014 Maria Gritsenko Roadmap Anti-suit injunctions By the courts example of England Legal Basis and Test Intra-EU Position West Tankers
More informationARBITRATION & CONCILIATION ACT AND MEDIATION
ARBITRATION & CONCILIATION ACT AND MEDIATION The established courts are too remote, too legalistic, too expensive and too supine and slow. INTRODUCTION Pawan Agarwal Chartered Accountant Indian legal system
More informationARBITRATION AND COMPETITION LAW NEW PROSPECTS OF RECOVERY FOR VICTIMS OF ANTITRUST INFRINGEMENTS
ARBITRATION AND COMPETITION LAW NEW PROSPECTS OF RECOVERY FOR VICTIMS OF ANTITRUST INFRINGEMENTS REPRINTED FROM: CORPORATE DISPUTES MAGAZINE JUL-SEP 2014 ISSUE corporate CDdisputes Visit the website to
More informationArbitration in Belgium
Arbitration in Belgium Belgium is an arbitration-friendly jurisdiction and is a signatory to the New York Convention. Its national Arbitration Act (part VI of the Judicial Code) was reformed in 2013; and,
More informationMEMORANDUM OF SUBMISSIONS
International Alternative Dispute Resolution Mooting Competition 2012 MEMORANDUM OF SUBMISSIONS RESPONDENT TEAM 004 On Behalf of: Against: Chan Manufacturing Longo Imports 1 TABLE OF CONTENTS TABLE OF
More informationDecision of the Single Judge of the Players Status Committee
Decision of the Single Judge of the Players Status Committee passed in Zurich, Switzerland, on 17 April 2018, by Geoff Thompson (England), Single Judge of the Players Status Committee, on the claim presented
More informationDecision of the. Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 18 December 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Damir
More informationARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION. By Patrik Lindfors 1
ARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION By Patrik Lindfors 1 Nordic Journal of Commercial Law issue 2003 #1 1 Patrik Lindfors is Attorney at law and Partner, heading Dispute
More informationTribunal of International Commercial Arbitration at the Russian Chamber of Commerce and Industry
1. SUMMARY OF RULING Tribunal of International Commercial Arbitration at the Russian Chamber of Commerce and Industry 16 March 2005 [Case No. 75/2004] Translation [*] by Alexander Morari [**] 1.1 Taking
More informationAlexandria Center for International Arbitration Semi-dried dates case of 10 January 2005
Alexandria Center for International Arbitration Semi-dried dates case of 10 January 2005 I. The Parties (1) The Claimant, (hereinafter referred to as "Claimant"), is a company incorporated and existing
More informationDispute Resolution Around the World. Poland
Dispute Resolution Around the World Poland Dispute Resolution Around the World Poland 2011 Dispute Resolution Around the World Poland Table of Contents 1. Legal System... 1 2. The Courts... 1 3. Legal
More informationAVOIDANCE UNDER THE CISG AND ITS CHALLENGES UNDER INTERNATIONAL ORGANIZATIONS COMMERCIAL TRANSACTIONS. Sandra Saiegh * 1.
AVOIDANCE UNDER THE CISG AND ITS CHALLENGES UNDER INTERNATIONAL ORGANIZATIONS COMMERCIAL TRANSACTIONS Sandra Saiegh * 1. INTRODUCTION This paper was originally presented in a draft form at the CISG 1 25th
More informationIN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE. INTER RAO UES, PJSC (Russia)
IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE BETWEEN INTER RAO UES, PJSC (Russia) TELASI, JSC (Georgia) AND CLAIMANTS GOVERNMENT OF
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 26 October 2006, in the following composition: Slim Aloulou (Tunisia), Chairman Joaquim Evangelista (Portugal), member Gerardo
More informationINTERNATIONAL COURT OF ARBITRATION. CASE No /AC
INTERNATIONAL COURT OF ARBITRATION CASE No. 28000/AC PETER EXPLOSIVE v. REPUBLIC OF OCEANIA (CLAIMANT) (RESPONDENT) MEMORIAL FOR THE CLAIMANT List of Abbreviations: 1. ICSID: International Center for Settlement
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 13 August 2015, in the following composition: Geoff Thompson (Engand), Chairman Mario Gallavotti (Italy), member Jon Newman
More informationDecision of the Dispute Resolution Chamber (DRC) judge
Decision of the Dispute Resolution Chamber (DRC) judge passed on 26 November 2018, by Jon Newman (USA), DRC judge, on the claim presented by the player, Player A, Country B as Claimant against the club,
More informationChallenge, recognition and enforcement of an award
Challenge, recognition and enforcement of an award International Commercial Arbitration and International Sales Law Anastasiia Rogozina, LL.M., к. ю. н. Schedule International Arbitration 29.11 Arbitration
More informationSITUATION UNDER CONTROL" by Veikko Myller. AIPPI Forum Helsinki 2013 IP Licensing & Insolvency Bernt Juthström
SITUATION UNDER CONTROL" by Veikko Myller AIPPI Forum Helsinki 2013 IP Licensing & Insolvency - Why a (patent) license? Manufacture of a product in accordance with a certain standard may require a license
More informationARBITRAL & JUDICIAL DECISIONS
ARBITRAL & JUDICIAL DECISIONS ORAL PRESENTATION OF EVIDENCE AND THE APPLICATION OF THE PAROL EVIDENCE RULE IN INTERNATIONAL ARBITRATION Erik Mårild* I. INTRODUCTION With the judgment T 6238-10, dated February
More information1. A. Ltd., 2. B. Sàrl, 3. C. Ltd., All represented by Mr. Brenno Brunoni, Mr. Andrea Visani and Mr. Dario Jucker, Appellants
4A_93/2013 1 Judgment of October 29, 2013 First Civil Law Court Federal Judge Klett (Mrs.), Presiding Federal Judge Kolly Federal Judge Niquille (Mrs.) Clerk of the Court: M. Piatti 1. A. Ltd., 2. B. Sàrl,
More informationConvention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation
Convention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation Preamble The Governments of the People's Republic of Bulgaria,
More informationSCC ARBITRAL AWARDS
1999 2003 Sigvard Jarvin and Annette Magnusson EDITORS JurisNet Questions About This Publication For assistance with shipments, billing or other customer service matters, please call our Customer Services
More informationCEDR Arbitration Procedure for Surveying Disputes
CENTRE for EFFECTIVE DISPUTE RESOLUTION www.cedr.com CEDR Arbitration Procedure for Surveying Disputes 70 Fleet Street, London EC4Y 1EU Tel: +44 (0)20 7536 6060 Fax: +44 (0)20 7536 6001 email: adr@cedr.com
More informationECONOMIC AND SOCIAL COUNCIL
UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL Dlstr. GENERAL E/AC.ltó/3R.U 29 March 1955 ORIGINAL: ENGLISH COMMITTEE ON THE ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS First Session SUMMARY RECORD OF THE
More informationRussian Federation arbitration proceeding 155/2003 of 16 March 2005
Russian Federation arbitration proceeding 155/2003 of 16 March 2005 1. SUMMARY OF RULING Translation [*] by Sophie Tkemaladze [**] 1.1 The decision is made in respect of the Respondent [Seller], which
More informationIN THE HIGH COURT OF JUSTICE BETWEEN GORDON WINTER COMPANY LIMITED AND THE NATIONAL GAS COMPANY OF TRINIDAD AND TOBAGO
TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Cv. #2012/1981 BETWEEN GORDON WINTER COMPANY LIMITED CLAIMANT AND THE NATIONAL GAS COMPANY OF TRINIDAD AND TOBAGO DEFENDANT BEFORE THE HONOURABLE MADAM
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 2 November 2007, in the following composition: ALOULOU Slim (Tunisia), Chairman DIDULICA John (Australia), member MOVILLA Gerardo
More informationRussia s Supreme Court Discusses Key Arbitration-Related Cases
Russia s Supreme Court Discusses Key Arbitration-Related Cases January 17, 2019 On 26 December 2018, the Presidium of the Russian Supreme Court (the Supreme Court ) has approved a review of jurisprudence
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 31 July 2013, in the following composition: Geoff Thompson (England), Chairman Joaquim Evangelista (Portugal), member Ivan Gazidis
More informationGafta No.125. Copyright THE GRAIN AND FEED TRADE ASSOCIATION
Effective for contracts dated from 1 st January 2006 Gafta No.125 Copyright THE GRAIN AND FEED TRADE ASSOCIATION ARBITRATION RULES GAFTA HOUSE 6 CHAPEL PLACE RIVINGTON STREET LONDON EC2A 3SH Tel: +44 20
More information10th Anniversary Edition The Baker McKenzie International Arbitration Yearbook. Kyrgyzstan
10th Anniversary Edition 2016-2017 The Baker McKenzie International Arbitration Yearbook Kyrgyzstan 2017 Arbitration Yearbook Kyrgyzstan Kyrgyzstan Alexander Korobeinikov 1 A. Legislation and rules A.1
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 17 January 2014, in the following composition: Geoff Thompson (England), Chairman Mario Gallavotti (Italy), member Damir Vrbanovic
More informationCHINA STATE CONSTRUCTION ENGINEERING CORP GUANGDONG BRANCH v MADIFORD LTD - [1992] 1 HKC 320
1 CHINA STATE CONSTRUCTION ENGINEERING CORP GUANGDONG BRANCH v MADIFORD LTD - [1992] 1 HKC 320 HIGH COURT KAPLAN J ACTION NO 6563 OF 1991 2 March 1992 Arbitration -- Stay of proceedings -- Scope of arbitration
More informationMEMORANDUM FOR RESPONDENT
THIRD ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDUM FOR RESPONDENT Team number: 014 TABLE OF CONTENTS TABLE OF AUTHORITIES... iii 1. THE TRIBUNAL DOES NOT HAVE JURISDICTION
More informationSUMMARY OF THE IMPACT ASSESSMENT
EUROPEAN COMMISSION Brussels, 14.12.2010 SEC(2010) 1548 final COMMISSION STAFF WORKING PAPER SUMMARY OF THE IMPACT ASSESSMT Accompanying document to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMT
More informationRULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce
RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce RULES FOR EXPEDITED ARBITRATION of the Finland Chamber of Commerce The English text prevails over other language versions. TABLE OF CONTENTS
More informationDecision of the. Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 18 March 2016, in the following composition: Geoff Thompson (England), Chairman Philippe Piat (France), member John Bramhall
More informationInternational Conditions of Sale for Customers not Resident in Germany
I. Application of the International Conditions of Sale 1. These International Conditions of Sale apply to all customers of Dr. Günther Kast GmbH & Co. Technische Gewebe Spezial-Fasererzeugnisse KG - hereinafter
More informationGLOBAL OCTANES TEXAS, L.P. v. BP EXPLORATION & OIL INC. 154 F.3d 518 (5th Cir. 1998)
GLOBAL OCTANES TEXAS, L.P. v. BP EXPLORATION & OIL INC. 154 F.3d 518 (5th Cir. 1998) PATRICK E. HIGGINBOTHAM, Circuit Judge: This is a suit on a contract for the sale of a gasoline additive. The district
More informationArbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania
Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania adopted by the Board of the Court of International Commercial Arbitration in force
More informationInternational Conditions of Sale for Customers not Resident in Germany
International Conditions of Sale for Customers not Resident in Germany I. Application of the International Conditions of Sale 1. These International Conditions of Sale apply to all customers of Feldhaus
More informationANSWER TO THE NOTICE OF ARBITRATION [NOTE: OR ANSWER TO THE NOTICE OF ARBITRATION AND COUNTERCLAIMS, IF
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE HKIAC] IN THE MATTER OF AN ARBITRATION UNDER THE HONK KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES BETWEEN: [NAME OF CLAIMANT]
More informationDecision of the Dispute Resolution Chamber (DRC)
Decision of the Dispute Resolution Chamber (DRC) passed in Zurich, Switzerland, on 25 October 2012, in the following composition: Geoff Thompson (England), Chairman David Mayebi (Cameroon), member Guillermo
More informationChapter 10. EU Overriding Mandatory Provisions and the Law Applicable to the Merits
INTRODUCTION Chapter 10 EU Overriding Mandatory Provisions and the Law Applicable to the Merits Giuditta Cordero-Moss* Overriding mandatory rules, also known as lois de police or directly applicable rules,
More informationQATAR INTRODUCES NEW ARBITRATION LAW A SUMMARY
QATAR INTRODUCES NEW ARBITRATION LAW A SUMMARY Summary Qatar s Law No. (2) of 2017 Promulgating the Law of Arbitration in Civil and Commercial Matters (the New Law ) substantially reforms arbitration law
More informationArbitration Newsletter Switzerland. Res judicata - again!
Arbitration Newsletter Switzerland Res judicata - again! On May 29, 2015 the Federal Tribunal (the Federal Supreme Court of Switzerland, hereinafter the "Supreme Court") rendered a further interesting
More informationDecision of the Single Judge of the Players Status Committee
Decision of the Single Judge of the Players Status Committee passed in Zurich, Switzerland, on 24 November 2015, by Geoff Thompson (England) Single Judge of the Players Status Committee, on the claim presented
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 20 August 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Theo van Seggelen (Netherlands), member
More informationPractice Guideline 9: Guideline for Arbitrators on Making Orders Relating to the Costs of the Arbitration
Practice Guideline 9: Guideline for Arbitrators on Making Orders Relating to the Costs of the Arbitration 1. Introduction 1.1 One of the most difficult and important functions which an arbitrator has to
More informationMEMORANDUM FOR RESPONDENT
MEMORANDUM FOR RESPONDENT ON BEHALF OF CHAN MANUFACTURING AGAINST LONGO IMPORTS TEAM NUMBER: 015 TABLE OF CONTENTS TABLE OF CONTENTS... I ABBREVIATIONS... III INDEX OF AUTHORITIES... V ARGUMENT... 1 I.
More informationAvoiding jurisdictional disasters: How will the updated EU Jurisdiction Rules impact your dispute resolution strategy?
Dispute resolution October 2015 Update Avoiding jurisdictional disasters: How will the updated EU Jurisdiction Rules impact your dispute resolution strategy? The UK continues to retain its position as
More informationDecision of the Dispute Resolution Chamber (DRC)
Decision of the Dispute Resolution Chamber (DRC) passed in Zurich, Switzerland, on 16 November 2012, in the following composition: Geoff Thompson (England), Chairman Theo van Seggelen (Netherlands), member
More informationInternational Purchasing Conditions for Suppliers Not Resident in Romania
I. Application of the International Purchasing Conditions 1. These International Purchasing Conditions apply to all suppliers to S. C. OPTIBELT Power Transmission SRL hereinafter referred to as OPTIBELT
More informationIN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 20 OF Vs. DEVAS MULTIMEDIA P. LTD...
1 REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 20 OF 2011 ANTRIX CORP. LTD....PETITIONER Vs. DEVAS MULTIMEDIA P. LTD....RESPONDENT J U D G M E N T ALTAMAS
More informationArbitration CAS 2010/A/2234 Basquet Menorca SAD v. Vladimer Boisa, award of 18 January 2011
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration award of 18 January 2011 Panel: Mr Romano Subiotto QC (United Kingdom), President; Mr José Juan Pintó (Spain); Judge Vesna Bergant
More informationDecision of the Dispute Resolution Chamber (DRC) judge
Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 6 June 2018, by Jon Newman (United States of America), DRC judge, on the claim presented by the player, Player A,
More informationDispute Resolution in Romania - Before and After Accession to the European Union
International In-house Counsel Journal Vol. 2, No. 6, Winter 2009, 935 939 Dispute Resolution in Romania - Before and After Accession to the European Union ANDREEA CHIRITA Legal Counsel, Ministry of Economy
More informationArbitration Law Reform in the Netherlands: Formal and Substantive Validity of an Arbitration Agreement
Arbitration Law Reform in the Netherlands: Formal and Substantive Validity of an Arbitration Agreement V. Lazic Readers are reminded that this work is protected by copyright. While they are free to use
More informationCLAIMANT Systembolaget Aktiebolag, Reg. No Stockholm. RESPONDENT V&S Vin & Sprit Aktiebolag, Reg. No Stockholm
SVEA COURT OF APPEAL JUDGMENT Case No. 1 December 2009 T4548-08 Division 1602 Stockholm Page 1 (24) CLAIMANT Systembolaget Aktiebolag, Reg. No. 556059-9473 103 84 Stockholm Counsel: Advokaten J.M. and
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 15 December 2016, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Mario Gallavotti (Italy), member
More informationIN THE MATTER OF THE COMMERCIAL ARBITRATION ACT 2010 (NSW) AND. GRAIN SELLER (Trader) (Claimant) and. GRAIN BUYER (Trader) (Respondent) Final Award
IN THE MATTER OF THE COMMERCIAL ARBITRATION ACT 2010 (NSW) AND IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF GRAIN TRADE AUSTRALIA LTD GTA Arbitration No. 213 GRAIN SELLER (Trader) (Claimant) and
More informationThe Unamar case: what is the actual meaning of the decision of the ECJ?
The Unamar case: what is the actual meaning of the decision of the ECJ? Pascal HOLLANDER Hanotiau & van den Berg (Brussels) IDI Annual Conference Torino 14 June 2014 Background: Rome Convention (+ Rome
More informationARBITRAL AWARD FIBA ARBITRAL TRIBUNAL (FAT)
ARBITRAL AWARD (0074/10 FAT) by the FIBA ARBITRAL TRIBUNAL (FAT) Mr. Klaus Reichert in the arbitration proceedings between Mr. Vladimer Boisa represented by Dr. Špelca Mežnar, Čeferin Law Office, Taborska
More informationSIXTH ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION
SIXTH ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION 5 JULY 10 JULY 2016 HONG KONG In the matter of: Albas Watchstraps Mfg. Co. Ltd. CLAIMANT v. Gamma Celltech Co. Ltd. RESPONDENT
More informationDecision of the. Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 13 July 2017, in the following composition: Geoff Thompson (England), Chairman Mario Gallavotti (Italy), member Theo van Seggelen
More informationThe Vanishing Scandinavian Sales Law
The Vanishing Scandinavian Sales Law Jan Ramberg 1 Introduction................... 258 2 The Art. 92 Reservation............ 258 3 Inter-Nordic Sales Transactions.......... 259 4 Direct and Indirect Loss...........
More informationINTRODUCTION TO ARBITRATION
Faculdade de Direito da Universidade Nova de Lisboa INTRODUCTION TO ARBITRATION THE JUDGEMENT OF THE HONG KONG COURT OF APPEAL IN GRAND PACIFIC HOLDING LTD. V. PACIFIC CHINA HOLDINGS LTD. OF 9 MAY 2012
More informationThe Brussels I Recast - some thoughts
The Brussels I Recast - some thoughts Nicholas Pointon, Barrister, St John s Chambers Published on 11 June 2014 Introduction 1. Those who practise in this area will be very familiar with the existing Brussels
More informationCross-border. The anti-suit injunction: on borrowed time? Ian Meredith and Sarah Munro, K&L Gates
PLC Cross-border PRACTICAL LAW COMPANY The anti-suit injunction: on borrowed time? Ian Meredith and Sarah Munro, K&L Gates Legal and Commercial Publishing Limited 2007. This article first appeared on PLC
More informationTribunal of International Commercial Arbitration of the Ukrainian Chamber Commerce and Trade
Tribunal of International Commercial Arbitration of the Ukrainian Chamber Commerce and Trade - Particulars of the case - Position of the parties - Opinion of the Tribunal - Award PARTICULARS OF THE CASE
More informationDecision of the Dispute Resolution Chamber
Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 17 May 2018, in the following composition: Geoff Thompson (England), Chairman John Bramhall (England), member Stijn Boeykens
More informationJurisdiction, Choice of Law and Dispute Resolution in
Jurisdiction, Choice of Law and Dispute Resolution in International E-Commerce Boston Bar Association International Arbitration Committee Richard Johnston and Ken Slade Hale and Dorr LLP January 24, 2000
More informationNetherlands Arbitration Institute REQUEST FOR ARBITRATION
Secretariat of the Netherlands Arbitration Institute P.O. Box 21075, 3001 AB Rotterdam Weena 505, 3013 AL Rotterdam Telephone: +31 (0)10 2816969 Fax: +31 (0)10 2816968 Email: secretariaat@nai-nl.org Website:
More information